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(영문) 대구지방법원 2021.01.08 2020노1948
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment, two years of suspended sentence, and 40 hours of imprisonment) is deemed to be too uneasy and unfair.

2. It is reasonable to respect the sentencing conditions compared to the first instance court, where there is no change in the sentencing conditions, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the above legal doctrine, the lower court found the Defendant to have continued to commit the same crime even though the Defendant was sentenced one time due to drinking alcohol, etc. in 200, and was sentenced one time due to a non-licensed driving in 2019, despite the fact that the Defendant was sentenced to a fine in 2019, the Defendant committed the same crime. The Defendant’s blood alcohol concentration was very high at 0.264% at the time of the instant case, which caused a traffic accident involving another person’s vehicle parked while driving under drinking alcohol, and the Defendant did not obtain a long-term driver’s license after having been sentenced to a fine in 200.

In addition to the circumstances indicated by the court below, no new circumstance exists to change the sentence of the court below in the court below, and even considering the defendant's age, sex, environment, motive and means of the crime, circumstances after the crime, etc., all of the sentencing conditions stated in the arguments of this case, such as the court below's age, sexual behavior, environment, motive and means of the crime, etc., the court below's sentencing is too un

It does not appear.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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